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Supreme Court of India 2020-02-28 partly_allowed

SHRI PARESHBHAI AMRUTLAL PATEL vs THE STATE OF GUJARAT

Bench: 2 — L. Nageswara Rao, Hemant Gupta

In Brief

The appellants sought quashing of an FIR filed by a company officer alleging fraudulent use of cheques. The appellants had separately filed a complaint under the Negotiable Instrument Act alleging dishonour of the same cheque. The Supreme Court, noting both proceedings involved the identical cheque and could result in contradictory judgments if heard separately, declined to quash the FIR. Instead, it ordered transfer of the FIR proceedings to the Judicial Magistrate's Court where the earlier private complaint was pending, directing both cases to be heard and decided together.

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Criminal Procedure Negotiable Instruments Cheque Dishonour FIR Quashing Consolidation of Proceedings

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